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Terms and Conditions

Terms and Conditions

Agreement between user and Key Master Direct™

These Terms and Conditions (the “Agreement” or “Terms and Conditions”) are an agreement between you and Key Master Direct Incorporated (“Key Master Direct”) concerning the terms under which Key Master Direct offers you the information, software, products, and services contained in or available through KeyMasterDirect.com (collectively the “Service” or “KeyMasterDirect.com”). KeyMasterDirect.com is made up of various web pages operated by Key Master Direct. Its services are offered to you conditioned on your acceptance of the terms, conditions, and notices contained in this document.

If you do not agree with these terms and conditions, or if you are not age 18 or older, do not use KeyMasterDirect.com.

“Using” KeyMasterDirect.com, means doing actions like clicking on links, entering information, or browsing. Your Using KeyMasterDirect.com constitutes your agreement to all the terms, conditions, and notices contained in this document.

Modification of these Terms and Conditions

Key Master Direct reserves the right to change the terms, conditions, and notices under which KeyMasterDirect.com is offered.

Links to third party sites

This site, and some of the articles on KeyMasterDirect.com, contains links to other resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience, as citations and aids to help you identify and locate other Internet resources that may be of interest to you. They are not intended to indicate that Key Master Direct either sponsors or is legally associated with any of the linked entities; nor is KeyMasterDirect.com legally authorized to use any trade name, registered trademark, logo, official seal, or copyrighted symbol that may appear in the links.

Since the Linked Sites are not under the control of Key Master Direct, Key Master Direct is not responsible for the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. Key Master Direct is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms and Conditions do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.

Your Privacy

Third party services

Certain services made available via KeyMasterDirect.com are delivered by third parties. By using any product, service, or functionality originating from the KeyMasterDirect.com domain, you are allowing Key Master Direct to share information with any third party with whom Key Master Direct has a pertinent contractual relationship – any information necessary to facilitate its provision of products, services, or functionality to you.

No unlawful or prohibited use

As a condition of your Use of the KeyMasterDirect.com website, you warrant to Key Master Direct that you will not use the website in any of the following ways:

(1) for purposes that are unlawful;

(2) for purposes prohibited by these terms, conditions, and notices;

(3) in any manner which could damage, disable, overburden, or impair the KeyMasterDirect.com website; or

(4) in any manner that could interfere with another party’s use and enjoyment of the website.

You may not hack, “scrape” or “crawl” KeyMasterDirect.com whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or or attempt to access any information that Key Master Direct has not intentionally made available to you on its website via a subscription you have purchased.

All content found on the KeyMasterDirect.com website (“Key Master Direct content”) is protected by all applicable intellectual property rights, including copyright. Your Use of the KeyMasterDirect.com website does not entitle you to resell any KeyMasterDirect.com content.

Use of communication services

KeyMasterDirect.com may contain a large number of what can be collectively called “Communications Services.” These include services like bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, or other message facilities designed to enable you to communicate with a specific group or with the public at large. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others. (This includes rights like those of privacy and publicity.)

Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.

Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity. Exceptions: (1) You own or control the necessary rights; or (2) you have received all necessary consents.

Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another’s computer.

Advertise, offer to sell, or offer to buy anything for business purposes. Exception: You may do this if Communication Service specifically allows such messages.

Download any file posted by another user of a Communication Service that you know (or reasonably should know) cannot be legally distributed in such a manner.

Falsify or delete in an uploaded file any significant attributions or notices. These include the following:

author attributions;

legal notices;

other proper notices;

proprietary designations

labels of the source of software or other materials.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, without their consent. (This includes e-mail addresses.)

Violate any applicable laws or regulations.

(The items on this list, despite their order or number, are offered only as representative examples. Any similarly inappropriate acts are equally disallowed.)

Although Key Master Direct has no obligation to monitor the Communication Services, it reserves the right, in its own discretion, to review and remove materials posted to a Communication Service. Key Master Direct reserves the right to terminate your access to any of the Communication Services at any time, with notice.

Key Master Direct reserves the right to disclose information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. It also reserves the right, in its sole discretion, to edit, to remove, or to refuse to post, any materials, in whole or in part.

In using any Communication Service, always use caution when giving out any personal information that could identify yourself or your children. Since Key Master Direct neither controls nor endorses the content, messages, or information found in any Communication Service, Key Master Direct specifically disclaims any liability with regard to your interacting with any of the Communication Services. Since managers and hosts are not authorized Key Master Direct spokespersons, their views do not necessarily reflect those of Key Master Direct.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, or dissemination. If you download the materials, you are responsible for adhering to such limitations.

Termination/access restriction

Key Master Direct reserves the right, in its sole discretion, to downgrade or terminate your access both to the KeyMasterDirect.com website and to its services, at any time with notice. Key Master Direct also reserves the right to modify or discontinue, either temporarily or permanently, any part of its service with notice. You agree that Key Master Direct will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Disclaimer of Representations and Liability

(Please read this section carefully as it affects your rights)

The information, software, products, and services made available through the KeyMasterDirect.com website may include inaccuracies or typographical errors. Key Master Direct and/or its suppliers may periodically and at any time make improvements or changes to KeyMasterDirect.com. Information received via KeyMasterDirect.com should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” — WITHOUT WARRANTY OR CONDITION OF ANY KIND. Key Master Direct Incorporated and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the KeyMasterDirect.com website for any purpose.

Key Master Direct AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE CONTENTS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Important: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Key Master Direct AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS IS SO WHETHER THE DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. This remains the case even if Key Master Direct or any of its suppliers has been advised of the possibility of damages. This disclaimer includes, without limitation, damages for any of the following:

(a) for the loss of use, data, or profits, in any way connected with the use or performance of KeyMasterDirect.com;

(b) for the delay or inability to use KeyMasterDirect.com or related services;

(c) for the provision of or failure to provide services; or

(d) for any information, software, products, services, and related graphics obtained through the use of KeyMasterDirect.com.

This provision is not intended to disclaim liability for any intentional or grossly negligent conduct by Key Master Direct.

This limitation may not apply to you if your loss occurs in any of the states or jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages.

If you are dissatisfied with any portion of KeyMasterDirect.com, with any products or services provided to you, or with any of these Terms and Conditions, your sole and exclusive remedy is to pursue an award through the dispute resolution procedures explained below. You must also discontinue Using KeyMasterDirect.com if you are dissatisfied with KeyMasterDirect.com.

Important: The maximum liability Key Master Direct may have to you will be the amount of the fees you have paid to Key Master Direct within the relevant statute of limitations, unless that amount is increased by any relevant statutory multiplier or penalty. Exception: if your claim is for less than $500, the award you will receive should you prevail will not be less than $500.

Below you will find a Dispute Resolution provision, which deals with the availability of damages. If there is any conflict between the above “Disclaimer of Representations and Liability” section on the one hand and the following “Dispute Resolution” section on the other hand, the “Dispute Resolution” section shall govern.

Indemnity and Release

The technical language of the following paragraph, necessary for legal purposes, states that if any “third party” – (that is, someone other than you or Key Master Direct) – makes any claim against Key Master Direct because of you, then you, not Key Master Direct, will assume the resulting responsibilities. The specific claims are included in the paragraph below.

“You agree to release, indemnify and hold Key Master Direct and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your Use of the Service, any Documents and Submissions, your violation of these Terms and Conditions or your violation of any rights of another.”

If you are a California resident, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, which says:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Explanation: Under section 1542, a general release, like the one you are agreeing to here, does not apply to cases in which

(1) a person does not know at the time of signing the release that he or she currently has a favorable claim they could make, and

(2) had he or she known it at the time, they might not have agreed to sign the release.

YOU ARE AGREEING THAT THIS SECTION, EVEN IF YOU ARE A CALIFORNIA RESIDENT, DOES NOT APPLY TO YOU. If you are a resident of some other State or jurisdiction, you waive any similar or comparable statute or doctrine that might be in effect there.

Dispute Resolution By Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Service Department at 1-877-881-0947.

If Key Master Direct has not been able to resolve a dispute it has with you after attempting to do so informally, including through mediation (which Key Master Direct will pay for), we each agree to resolve such dispute through binding arbitration or small claims court – instead of courts of general jurisdiction.

Arbitration, which is often cheaper, faster, and less formal than a lawsuit in court, uses a single, neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Key Master Direct will pay for the costs of arbitration if you seek less than $75,000. If you should prevail in such an arbitration in which you seek less than $75,000 in damages, Key Master Direct will also pay reasonable attorneys’ fees: Key Master Direct will not seek attorneys’ fees from you. If you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the rules of the American Arbitration Agreement (AAA). Any arbitration under this Arbitration Agreement will take place on an individual basis only: Class arbitrations and class actions are not permitted.

Arbitration Procedures

Key Master Direct and you agree that all disputes and claims between us will be settled by arbitration. This agreement to arbitrate (the “Arbitration Agreement”) is intended to be broadly interpreted. It includes, but is not limited to the following:

claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);

claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

claims that may arise after the termination of the Terms and Conditions.

Although you may not bring a suit in a court other than small claims court, you may bring issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or the Attorney General of your state. If the law allows, such agencies can seek relief against us on your behalf.

We repeat: you agree that, by entering into this arbitration agreement, you and Key Master Direct are each waiving the right to a trial by jury or to participate in a class action.

Because this document includes this Arbitration Agreement, making it a transaction in interstate commerce, it is governed by the Federal Arbitration Act.

This Arbitration Agreement shall survive termination of the Terms and Conditions.

Copyright and trademark notices

All contents of the KeyMasterDirect.com website are Copyrighted by Key Master Direct Incorporated and/or its suppliers, affiliates and partners. All rights reserved.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Key Master Direct as a result of the Terms and Conditions or use of KeyMasterDirect.com. Key Master Direct’s performance under these Terms and Conditions is subject to existing laws and legal process. Nothing contained in this Agreement diminishes Key Master Direct’s right to comply with governmental, court, and law enforcement requests or requirements relating either to your Use of KeyMasterDirect.com or to information supplied to Key Master Direct. If any part of this Agreement is determined to be invalid or unenforceable as a result of the above warranty disclaimers and liability limitations, – or as a result of any other legal requirements – then the invalid or unenforceable provision will be considered to have been replaced by whatever valid, enforceable provision most closely matches what the original provision was intending to accomplish. The remainder of the Agreement shall continue in effect.

Unless otherwise stated in this document, this Agreement constitutes the entire agreement between the user and Key Master Direct with respect to KeyMasterDirect.com. It supersedes all prior or contemporary communications and proposals between us, whether electronic, oral, or written. You may not pass on to someone else any of your rights or obligations under these Terms and Conditions without Key Master Direct’s written consent. Key Master Direct’s rights under the Terms and Conditions may be transferred by Key Master Direct to someone else. That right is not waived even if Key Master Direct fails to enforce or exercise either any provision of the Terms and Conditions or any related right. Any rights not expressly granted by this document to others remain the rights of Key Master Direct.

Unless otherwise stated, Key Master Direct may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on KeyMasterDirect.com

A printed version either of this Agreement or of any notice sent in electronic form shall be equally as admissible in legal proceedings relating to this Agreement as documents generated and maintained in printed form. All parties approve of this Agreement and all related documents having been written in English.

Questions? Concerns? Suggestions?

Please contact us to report any violations of these Terms and Conditions or to pose any questions regarding this Terms and Conditions or the Service.